Section 504 Eligibility and Accommodations
Section 504 Definition and Eligibility:
To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.
Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.
Section 504 Evaluations and Plans:Section 504 is a federal law of the Rehabilitation Act of 1973 that prohibits discrimination against individuals with a disability in any program receiving federal assistance. The district has specific responsibilities under this act, which include the responsibility to identify, evaluate, and if the child has a current disability and is termed to be eligible under Section 504, to afford access to appropriate educational programs. Section 504 defines a person with a disability as anyone who has a "mental or physical impairment which substantially limits a "...major life function." A major life function includes activities such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Section 504 Strategies and Accommodations:
Following the Intervention Assistance Team's determination that student does require a 504 Plan, the following is
a sample list of possible interventions that may address student needs. Accommodations can cover a wide range of environments and issues. The following suggestions can assist Section 504 teams in selecting appropriate accommodations for children who are eligible for Section 504 services:
ENVIRONMENTAL STRATEGIES:
• Provide a structured learning environment.
• Adjust class schedules.
• Provide classroom aides and note takers.
• Modify nonacademic times such as lunch room and recess.
• Modify physical education.
• Change child seating.
• Provide use of a study carrel.
• Alter location of personal or classroom supplies for easier access or to minimize distraction.
ORGANIZATIONAL STRATEGIES:
• Modify test delivery.
• Use tape recorders, computer-aided instruction, and other audiovisual equipment.
• Select modified textbooks or workbooks.
• Tailor homework assignments.
• Use of one-to-one tutorials.
• Provide peer tutoring.
• Set time expectations for assignments.
• Provide tests in segments so that child finishes one segment before receiving the next part.
• Highlight main ideas and supporting details in the book.
BEHAVIOR STRATEGIES:
• Use behavioral management techniques.
• Implement behavioral/academic contracts.
• Utilize positive reinforcements (rewards).
• Utilize negative reinforcements (consequences).
• Confer with the child's parents (and child as appropriate).
• Confer with the child's other teachers.
• Establish a home/school communication system for behavior monitoring.
• Post rules and consequences for classroom behavior.
• Write a contract for child behavior.
• Offer social reinforcers (i.e., praise) for appropriate behavior.
• Establish daily/weekly progress report for the child.
• Implement self-recording of behaviors.
PRESENTATION STRATEGIES:
• Tape lessons so the child can listen to them again.
• Provide photocopied material for extra practice (i.e., outlines, study guides).
• Require fewer drill and practice activities.
• Give both oral and visual instructions for assignments.
• Provide for oral testing.
• Ask child to repeat directions/assignments to insure understanding.
• Arrange for a mentor to work with child in his or her interest area or area
• Vary the method of lesson presentation:
a. lecture
b. small groups
c. large groups
d. use audio visuals (i.e., filmstrips, study prints)
e. peer tutors or cross-age tutors (i.e., take notes, monitor assignments, read aloud, listen)
f. demonstrations
g. experiments
h. simulations
i. academic games
j. 1–to–1 instruction with other adult
METHODOLOGY STRATEGIES:
• Repeat and simplify instructions about in-class and homework assignments.
• Supplement oral instructions with visual instructions
• Change instructional methods
• Change instructional pace.
CURRICULUM STRATEGIES:
• Change instructional materials.
• Utilize supplementary materials.
• Assess whether child has the necessary prerequisite skills. Determine whether
materials are appropriate to the child's current interest and functioning levels.
• Implement study skill strategies (survey, read, recite, review).
. Introduce definition of new terms/vocabulary and review to check for understanding.
• Limit amount of material presented on a single page.
• Provide a sample or practice test.
• Be aware of child's preferred learning style and provide appropriate instruction/ materials.
To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.
Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.
Section 504 Evaluations and Plans:Section 504 is a federal law of the Rehabilitation Act of 1973 that prohibits discrimination against individuals with a disability in any program receiving federal assistance. The district has specific responsibilities under this act, which include the responsibility to identify, evaluate, and if the child has a current disability and is termed to be eligible under Section 504, to afford access to appropriate educational programs. Section 504 defines a person with a disability as anyone who has a "mental or physical impairment which substantially limits a "...major life function." A major life function includes activities such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Section 504 Strategies and Accommodations:
Following the Intervention Assistance Team's determination that student does require a 504 Plan, the following is
a sample list of possible interventions that may address student needs. Accommodations can cover a wide range of environments and issues. The following suggestions can assist Section 504 teams in selecting appropriate accommodations for children who are eligible for Section 504 services:
ENVIRONMENTAL STRATEGIES:
• Provide a structured learning environment.
• Adjust class schedules.
• Provide classroom aides and note takers.
• Modify nonacademic times such as lunch room and recess.
• Modify physical education.
• Change child seating.
• Provide use of a study carrel.
• Alter location of personal or classroom supplies for easier access or to minimize distraction.
ORGANIZATIONAL STRATEGIES:
• Modify test delivery.
• Use tape recorders, computer-aided instruction, and other audiovisual equipment.
• Select modified textbooks or workbooks.
• Tailor homework assignments.
• Use of one-to-one tutorials.
• Provide peer tutoring.
• Set time expectations for assignments.
• Provide tests in segments so that child finishes one segment before receiving the next part.
• Highlight main ideas and supporting details in the book.
BEHAVIOR STRATEGIES:
• Use behavioral management techniques.
• Implement behavioral/academic contracts.
• Utilize positive reinforcements (rewards).
• Utilize negative reinforcements (consequences).
• Confer with the child's parents (and child as appropriate).
• Confer with the child's other teachers.
• Establish a home/school communication system for behavior monitoring.
• Post rules and consequences for classroom behavior.
• Write a contract for child behavior.
• Offer social reinforcers (i.e., praise) for appropriate behavior.
• Establish daily/weekly progress report for the child.
• Implement self-recording of behaviors.
PRESENTATION STRATEGIES:
• Tape lessons so the child can listen to them again.
• Provide photocopied material for extra practice (i.e., outlines, study guides).
• Require fewer drill and practice activities.
• Give both oral and visual instructions for assignments.
• Provide for oral testing.
• Ask child to repeat directions/assignments to insure understanding.
• Arrange for a mentor to work with child in his or her interest area or area
• Vary the method of lesson presentation:
a. lecture
b. small groups
c. large groups
d. use audio visuals (i.e., filmstrips, study prints)
e. peer tutors or cross-age tutors (i.e., take notes, monitor assignments, read aloud, listen)
f. demonstrations
g. experiments
h. simulations
i. academic games
j. 1–to–1 instruction with other adult
METHODOLOGY STRATEGIES:
• Repeat and simplify instructions about in-class and homework assignments.
• Supplement oral instructions with visual instructions
• Change instructional methods
• Change instructional pace.
CURRICULUM STRATEGIES:
• Change instructional materials.
• Utilize supplementary materials.
• Assess whether child has the necessary prerequisite skills. Determine whether
materials are appropriate to the child's current interest and functioning levels.
• Implement study skill strategies (survey, read, recite, review).
. Introduce definition of new terms/vocabulary and review to check for understanding.
• Limit amount of material presented on a single page.
• Provide a sample or practice test.
• Be aware of child's preferred learning style and provide appropriate instruction/ materials.
